EI INCUMBIT
PROBATIO QUI DICIT.Proof lies on him who asserts, not on him who denies. The concept is that
one is innocent until proven guilty. Regardless of what the law says about
reasonable doubt, there is an unwritten presumption within the ranks of
the military that if you are charged with sexual assault, then you are
guilty. The stakes are your life! Your military counsel works for the
same military that charged you. Consider that as you choose who represents
you in your potentially life altering case.

Military Lawyer Protecting the Rights of Service Members Charged With Conspiracy

Military lawyer, Joseph Jordan zealously represents service members in
court-martial proceedings worldwide. Formerly a member of the armed forces
himself, where he served for eleven years, Mr. Jordan is an ex-Army Judge
Advocate. Possessing an excellent knowledge of the UCMJ (Unified Code
of Military Justice) law, he has successfully defended thousands of men
and women in uniform in court-martial cases on charges of conspiracy.
Though, based out of Killeen, Texas, his legal acuity has helped protect
the rights of U.S. soldiers across the world.

Article 81 of the UCMJ – Conspiracy

Article 81 of the UCMJ deals with conspiracy, and states that the conspirator
(s) shall receive punishment as deemed fit by a court-martial.

The following are recognized by the UCMJ as elements of a conspiracy:

The accused enters into an accord/agreement with other people to hatch
a conspiracy; and

While the agreement continues to exist with the accused being one of the
parties to it, they or one of their co-conspirators performs an overt
act to effect the proposed mission of the plan/conspiracy.

Explanation of the Important Terms of the Code

Co-conspirators: A conspiracy can only be hatched by a group of persons
– two or more. For the purposes of trial, it's not important to
ascertain the identity of the accused's co-conspirators, or even their
role in the criminal act. The accused has to be subjected to the military
code, but it may not necessarily apply on other conspirators.

A person can be guilty under the code, although they are incapable of carrying
out the intended violation. For instance, a conspirator under medical
supervision at a hospital may knowingly provide automobiles for use in
a bank heist.

If a new member were to join the conspirators, after they have established
the conspiracy, this does not amount to creation of a new conspiracy.
It's extremely important to bear in mind that a conspirator who joins
a conspiracy that's being planned, can only be convicted if an overt act
is committed to further the objective of the conspiratorial agreement.

Agreement: There's no need for any formal manifestations of the agreement between
the accused and other conspirators; it's sufficient that the parties have
a mutual understanding of the goal of their conspiracy. Conduct plays
an important role in establishing the accused's participation in the conspiracy.
The ways and means to accomplish the intended end, and specific role of
each conspirator do not need to be the part of the agreement.

Object of the Agreement: Court-martial on the charge of conspiracy requires commissioning of offenses
under this chapter of the UCMJ. If two or more people agree to commit
multiple offenses, it's ordinarily counted as one conspiracy. Offenses
such as bigamy, adultery, bribery and engaging in a duel, where only the
people involved in the offense are party to the agreement do not qualify
for court-martial under this code.

Overt act: An act that isn't the part of the original conspiracy but is carried out
by the accused or other conspirators in furtherance of the intended objective
of their agreement is known as an overt act. The law does not require
it to be criminal in nature, just that it's a manifestation of the conspiracy.
An experienced military lawyer can explain the complexities surrounding
your case, and help you see the bigger picture.

Punishment

A person found guilty of taking part in a conspiracy is awarded the maximum
punishment for their offense; however the accused can't be given death
penalty. The punishments usually awarded to service members include imposition
of fine, reduction in rank and punitive discharge from services.

Effective Legal Counsel for Court-Martial Conspiracy Cases

Joseph Jordan brings a wealth of experience to help service members defend
their rights. Extremely professional and committed, the Killeen-based
military lawyer takes personal interest in all his cases. With his experience
in the armed forces and thorough knowledge of the Article 81 of the UCMJ,
he is perfectly placed to offer effective legal counsel and representation
to service members facing court-martial on the charge of conspiracy.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.